United States ex rel. Honeywell, Inc. v. San Francisco Housing Authority

MEMORANDUM *

Plaintiff Honeywell, Inc., appeals from a judgment dismissing its qui tam action per Federal Rule of Civil Procedure 12(b)(6), which we review de novo. Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001). The U.S. Supreme Court recently determined that local governments are “persons” against whom civil actions can be maintained under the False Claims Act, 31 U.S.C. § 3729 . Cook County v. United States ex rel. Chandler, 538 U.S. 119 , 123 S.Ct. 1239, 1242, 1247-49 , 155 L.Ed.2d 247 (March 10, 2003). Insofar as defendant San Francisco Housing Authority (“SFHA”) is a local governmental or municipal entity, the judgment in favor of the SFHA was erroneous and is vacated.

It follows that the dismissal of defendants Jon Gresley and Ronnie Davis in their official capacities was also in error and is vacated. However, we do not disturb the judgment in favor of Gresley and Davis in their personal capacities, as plaintiff has waived or abandoned the claims against these individuals in their personal capacities. See Kohler v. Inter-Tel Techs., 244 F.3d 1167,1182 (9th Cir.2001) (discussing issues abandoned on appeal); Paciu-lan v. George, 229 F.3d 1226 , 1230 (9th…